City of Asheville March 1, 2018 (2 months ago)

Information related to the August 24, 2017 arrest and use of force against Mr. Johnnie Rush

Information requested:
1) All communications and public documents including email exchanges (APD, DA's Office, City Council Members, the State Bureau of Investigations, and any other public entity), police reports, on-scene officers statements, court and jail records regarding the August 24, 2017 incident where Officer Chris Hickman beats, tazes, and arrests Mr. Johnnie Jermaine Rush.
2) Names of all officers on the scene during the detaining and arrest of Mr. Rush or sent to the scene following the incident
3) Has Officer Chris Hickman attended any of the following trainings (please provide dates and training): De-escalation, Racial Equity Institute training, Implicit Bias training
4) The number of jaywalking tickets written by Officer Chris Hickman in 2017

Status: Follow up

Activity:

  • May 10, 2018 2:06 pm

    2 weeks ago

    from: Sunshine Request <records@sunshinerequest.com>
    to: Benjamin Fulmer <bfulmer@ashevillenc.gov>
    date: Thu, May 10, 2018 at 2:06 PM
    subject: Re: [Public Records Request] Records Request: Information related to the August 24, 2017 arrest and use of force against Mr. Johnnie Rush

     

    Ben,

     

    We appreciate the update! Out of interest for the sender, it’d be awesome if you could please give any info you may have on when you think that this will be completed.

     

    Thank you so much!
    Have a great afternoon.

     

    Sunshine Request


    Status: Follow up
  • May 7, 2018 12:14 pm

    2 weeks ago

    from: Benjamin Fulmer <bfulmer@ashevillenc.gov>
    to: Sunshine Request <records@sunshinerequest.com>
    date: Mon, May 7, 2018 at 12:14 PM
    subject: Re: [Public Records Request] Records Request: Information related to the August 24, 2017 arrest and use of force against Mr. Johnnie Rush

     

    This request is in our legal office undergoing review.

     

    Thanks,

     

    Ben Fulmer


    Status: Government Processing Request
  • May 4, 2018 3:23 pm

    3 weeks ago

    from: Sunshine Request <records@sunshinerequest.com>
    to: Benjamin Fulmer <bfulmer@ashevillenc.gov>
    date: Fri, May 4, 2018 at 3:23 PM
    subject: Re: [Public Records Request] Records Request: Information related to the August 24, 2017 arrest and use of force against Mr. Johnnie Rush

     

    Hi Ben,

     

    Just want to check in on this status this request again and ask whether there is any update.

     

    Thank you for your help!

     

    Sunshine Request


    Status: Follow up
  • May 4, 2018 3:13 pm

    3 weeks ago

    NCSBI Follow up – Fri. May 04, 2018 3:13pm

     

    Submitted via Contact form at http://www.ncsbi.gov/Contact-Us
    Name: Sunshine Request
    Email address: records@sunshinerequest.com
    Select a Recipient: SBI Human Resources
    Questions or Comments:

     

    Good Afternoon NCSBI,

     

    On Mar. 10, 2018, around 12:00pm. We submitted an email to NC State Bureau of Investigation via the contact form at http://www.ncsbi.gov/Contact-Us. See original message below.

     

    We have not received any confirmation or follow up to indicate that this request was ever received. Please let us know if you have any questions, and wether the request is being processed. Thank you!


    “Good Afternoon NCSBI,

     

    I work for a website called Sunshine Request www.sunshinerequest.com in Asheville, NC. We built a site that makes it easier to make public records requests by filling out a simple form, and the results of any requests are posted on our site. This allows citizens to learn more about our local government, while saving staff from having to fulfill duplicate requests. If you have any questions about the project, please let me know, and I’ll be happy to answer.

     

    We recently received a request for information that may be available in your office.

     

    We’ve also sent the relevant parts of the full request to Asheville City Gov, Buncombe County Gov., Buncombe County DA, and Buncombe County Superior Clerk of Court.

     

    Here are some details sent by the requester – Specifically, we’d like to ask for information on Part 1) of the sender’s request:

     

    Subject: Information related to the August 24, 2017 arrest and use of force against Mr. Johnnie Rush

     

    Message: “1) All communications and public documents including email exchanges (APD, DA’s Office, City Council Members, the State Bureau of Investigations, and any other public entity), police reports, on-scene officers statements, court and jail records regarding the August 24, 2017 incident where Officer Chris Hickman beats, tazes, and arrests Mr. Johnnie Jermaine Rush.”

     

    Thank you for your assistance.
    Have a great afternoon!

     

    Sunshine Request”


    Status: Follow up
  • May 4, 2018 1:47 pm

    3 weeks ago

    from: Sunshine Request <records@sunshinerequest.com>
    to: “Williams, Todd M.” <Todd.m.williams@nccourts.org>,”Cogburn, Steven D.” <steven.d.cogburn@nccourts.org>, “Michael C. Frue” <michael.frue@buncombecounty.org>, “Kassi L. Day” <kassi.day@buncombecounty.org>
    date: Fri, May 4, 2018 at 3:03 PM

     

    Hil All,

     

    Sorry for any Confusion –

     

    Steven, thank you for your reply.

     

    We sent this follow up email to all CCed here (Buncome County) in error.

     

    This information has already been received by the City of Asheville, and they are processing the request. We also emailed the NC State Bureau of Investigation back in March and haven’t received a reply. These are the two entities we will be following up with.

     

    Thank you!

     

    Sunshine Request

     

     

    from: Cogburn, Steven D. <Steven.D.Cogburn@nccourts.org>
    to: Sunshine Request <records@sunshinerequest.com>
    date: Fri, May 4, 2018 at 2:27 PM
    subject: RE: Records request: Information related to the August 24, 2017 arrest and use of force against Mr. Johnnie Rush

     

    The only material in the clerk’s office would be the criminal court files regarding Mr. Hickman. These are available for inspection and copying during normal business hours.

     

    Steven Cogburn
    Clerk of Superior Court
    Buncombe County
    North Carolina Judicial Branch
    O 828-259-3400
    F 828-259-3401

    from: Sunshine Request <records@sunshinerequest.com>
    to: “Williams, Todd M.” <Todd.m.williams@nccourts.org>, “Cogburn, Steven D.” <steven.d.cogburn@nccourts.org>, “Michael C. Frue” <michael.frue@buncombecounty.org>, “Kassi L. Day” <kassi.day@buncombecounty.org>
    date: Fri, May 4, 2018 at 1:47 PM
    subject: Re: Records request: Information related to the August 24, 2017 arrest and use of force against Mr. Johnnie Rush

     

    Hi all,

     

    Just wanted to follow up on the status of this request.

     

    Thank you!

     

    Sunshine Request


    Status: Response Received from Government
  • April 20, 2018 10:29 am

    1 month ago

    Ben,

     

    Thanks for your help!

     

    We appreciate it.

     

    Sunshine Request

     

    from: Benjamin Fulmer <bfulmer@ashevillenc.gov>
    to: Sunshine Request <records@sunshinerequest.com>
    date: Fri, Apr 20, 2018 at 10:29 AM
    subject: Re: [Public Records Request] Records Request: Information related to the August 24, 2017 arrest and use of force against Mr. Johnnie Rush

     

    This one is still in the works.

     

    Ben Fulmer


    Status: Government Processing Request
  • April 19, 2018 11:28 am

    1 month ago

    Hi Ben,

     

    Thanks again for your help!

     

    We understand it takes some time to format the request – Just want to check in and ask whether there’s any update to report on the status of the request?

     

    Have a great afternoon!

     

    Sunshine Request


    Status: Follow up
  • April 4, 2018 1:56 pm

    1 month ago

    from: Sunshine Request <records@sunshinerequest.com>
    to: Benjamin Fulmer <bfulmer@ashevillenc.gov>
    date: Wed, Apr 4, 2018 at 1:56 PM
    subject: Re: [Public Records Request] Records Request: Information related to the August 24, 2017 arrest and use of force against Mr. Johnnie Rush

     

    Ben,

     

    Thank you for your work on this.

     

    Have a good afternoon!

     

    Sunshine Request


    Status: Government Processing Request
  • April 2, 2018 10:34 am

    1 month ago

    from: Benjamin Fulmer <bfulmer@ashevillenc.gov>
    to: Sunshine Request <records@sunshinerequest.com>
    date: Mon, Apr 2, 2018 at 10:34 AM
    subject: Re: [Public Records Request] Records Request: Information related to the August 24, 2017 arrest and use of force against Mr. Johnnie Rush

     

    Hello Sunshine,

     

    To your first point yes I stop at the date that I receive the request unless otherwise specified so March 1st is accurate.

     

    On the second point, we archive all emails we have received including emails from outside sources. However, in accordance with the law, we remove what is not public record. I can tell you that most of the exemptions were under GS 160-168 Personnel File, attorney-client privilege GS 132-1.1, and GS 132-1.4 Criminal Investigation exemptions.

     

    We will work on your updated request but may take some time with the formatting requests.

     

    Ben Fulmer

     

    Public Records Officer
    City of Asheville
    City Clerk’s Office
    (828) 259-5631


    Status: Clarification Provided
  • March 28, 2018 3:52 pm

    1 month ago

    Automatic reply Re: [Public Records Request] Records Request: Information related to the August 24, 2017 arrest and use of force against Mr. Johnnie Rush
    Ben Fulmer reported 12 minutes ago (Wed, 28 Mar at 3:52 PM) via Email
    To: patrick@prcapps.com

     

    I am currently out of the office and will return Monday. For immediate concerns contact Sarah Terwilliger at sterwilliger@ashevillenc.gov

     


    Ben Fulmer


    Status: Clarification Requested
  • March 28, 2018 3:52 pm

    1 month ago

    from: Sunshine Request <records@sunshinerequest.com>
    to: Benjamin Fulmer <bfulmer@ashevillenc.gov>
    date: Wed, Mar 28, 2018 at 3:52 PM
    subject: Re: [Public Records Request] Records Request: Information related to the August 24, 2017 arrest and use of force against Mr. Johnnie Rush

     

    Hi Ben,

     

    Thank you for providing these emails.

     

    Can you please clarify the date range for which these emails are provided – I assume this is through March 1st?

     

    Also, was this query conducted on all of the sources listed under the City’s purview (APD, DA’s Office, City Council Members, the State Bureau of Investigations, and any other public entity)? I noticed the emails we received from you are all from within APD, and in particular, I find it surprising that there were no emails sent to or received from members of Council in this query.

     

    In addition to those clarifications, I would like to submit a follow up request on the sender’s behalf, for the same query, with the date range running through today, March 28th, or the date that the query is conducted, whichever is later.

     

    Also, while I understand that there are some legal concerns regarding this request, I would appreciate more information on any emails that are excluded for legal reasons. It would be ideal to receive the date, subject, to and from address of such an email, even if the content of the email is redacted for legal reasons.

     

    Thank you,

     

    Patrick Conant
    patrick@prcapps.com
    PRC Applications
    www.prcapps.com


    Status: Clarification Requested
  • March 28, 2018 2:03 pm

    1 month ago

    Hello Sunshine,

     

    At the link you will find what we are legally able to provide for the email portion of this request.

     

    https://drive.google.com/drive/folders/1ihx-wQw0hqXm00VzUgaHa6Sy8Mn_lfdd?usp=sharing

    Ben Fulmer
    Public Records Officer
    City of Asheville
    City Clerk’s Office
    (828) 259-5631

    **Editor’s Note: You may also access the referenced files at top left in “Documents”.


    Status: Response Received from Government
  • March 27, 2018 12:59 pm

    1 month ago

    from: Benjamin Fulmer <bfulmer@ashevillenc.gov>
    to: Sunshine Request <records@sunshinerequest.com>
    date: Tue, 27 Mar at 12:59 PM
    subject: Re: [Public Records Request] Records Request: Information related to the August 24, 2017 arrest and use of force against Mr. Johnnie Rush

     

    I am currently out of the office and will return Wednesday. For immediate concerns contact Sarah Terwilliger at sterwilliger@ashevillenc.gov

     

    Ben Fulmer
    Public Records Officer
    City of Asheville
    City Clerk’s Office
    (828) 259-5631


    Status: Sent to Government
  • March 27, 2018 12:59 pm

    1 month ago

    Hi Ben,

     

    Just want to check in quickly and ask whether there has been any update to this request.

     

    Thank you for your time.
    Have a great day!

     

    Sunshine Request


    Status: Follow up
  • March 10, 2018 11:58 am

    2 months ago

    12:08pm. Editor’s note: Email submitted to NC State Bureau of Investigation via contact form at http://www.ncsbi.gov/Contact-Us

     

    “Good Afternoon NCSBI,

     

    I work for a website called Sunshine Request www.sunshinerequest.com in Asheville, NC. We built a site that makes it easier to make public records requests by filling out a simple form, and the results of any requests are posted on our site. This allows citizens to learn more about our local government, while saving staff from having to fulfill duplicate requests. If you have any questions about the project, please let me know, and I’ll be happy to answer.

     

    We recently received a request for information that may be available in your office.

     

    We’ve also sent the relevant parts of the full request to Asheville City Gov, Buncombe County Gov., Buncombe County DA, and Buncombe County Superior Clerk of Court.

     

    Here are some details sent by the requester – Specifically, we’d like to ask for information on Part 1) of the sender’s request:

     

    Subject: Information related to the August 24, 2017 arrest and use of force against Mr. Johnnie Rush

     

    Message: “1) All communications and public documents including email exchanges (APD, DA’s Office, City Council Members, the State Bureau of Investigations, and any other public entity), police reports, on-scene officers statements, court and jail records regarding the August 24, 2017 incident where Officer Chris Hickman beats, tazes, and arrests Mr. Johnnie Jermaine Rush.”

     

    Thank you for your assistance.
    Have a great afternoon!

     

    Sunshine Request”

    from: Sunshine Request <records@sunshinerequest.com>
    to: “Williams, Todd M.” <Todd.m.williams@nccourts.org>,”Cogburn, Steven D.”
    <steven.d.cogburn@nccourts.org>, “Michael C. Frue” <michael.frue@buncombecounty.org>, “Kassi L. Day” <kassi.day@buncombecounty.org>
    date: Sat, Mar 10, 2018 at 11:58 AM
    subject: Records request: Information related to the August 24, 2017 arrest and use of force against Mr. Johnnie Rush

    Good Afternoon Buncombe Co. and Asheville DA’s offices,

     

    We recently received another new multi-part request via www.sunshinerequest.com for information that may be available in your office. The full request has also been sent to Asheville City Gov. Momentarily, we will also be submitting a portion of the same request to the NCSBI, via the contact form on their website.

     

    Here are the details – Specifically, we’d like to ask for information on Part 1) of the sender’s request:

     

    Subject: Information related to the August 24, 2017 arrest and use of force against Mr. Johnnie Rush

     

    Message: “All communications and public documents including email exchanges (APD, DA’s Office, City Council Members, the State Bureau of Investigations, and any other public entity), police reports, on-scene officers statements, court and jail records regarding the August 24, 2017 incident where Officer Chris Hickman beats, tazes, and arrests Mr. Johnnie Jermaine Rush.”

     

    Thank you for your assistance.
    Have a great afternoon!

     

    Sunshine Request


    Status: Sent to Government
  • March 7, 2018 1:09 pm

    2 months ago

    **Editor’s Note: This email reply addresses items # 2, 3, and 4 requested (see above).

     

    from: Benjamin Fulmer <bfulmer@ashevillenc.gov>
    to: Sunshine Request <records@sunshinerequest.com>
    cc: Christina Hallingse <challingse@ashevillenc.gov>
    date: Wed, Mar 7, 2018 at 1:09 PM
    subject: Re: [Public Records Request] Records Request: Information related to the August 24, 2017 arrest and use of force against Mr. Johnnie Rush

     

    Hello Sunshine,

     

    Here are the responses to this request. Please note we are still working on compiling emails.

     

    2. Officer Justin Burns, Officer Luis Delgado, Senior Police Officer Nathan Dietiker, Officer Josh Gibson, former Senior Police Officer Christopher Hickman, Senior Police Officer Heavan Leigh, Senior Police Officer Shawn Parker, Officer Verino Ruggiero, Lt. Charles Sams, Sgt. Lisa Taube and Senior Police Officer Douglas Williams
    3. Personnel training records are not subject to public record request pursuant to NCGS 160A-168.
    4. During calendar year 2017 the Asheville Police Department issued no citations for jaywalking.

     

    Thanks,

     

    Ben Fulmer


    Status: Response Received from Government
  • March 5, 2018 12:08 pm

    2 months ago

    ** Editor’s Note: Mentioned in a reply to another request (WLOS ABC 13 – Stony Gonce Article), we also received confirmation that this request has been received by AVL gov, and is being processed.


    Status: Government Processing Request
  • March 1, 2018 4:16 pm

    2 months ago

    Hi Ben,

     

    One edit I just noticed –

     

    Where the requester writes “3) Has Officer Chris Rush attended any of the following trainings”, please note that the request should actually say “Officer Chris Hickman”.

     

    Thank you!

     

    Sunshine Request


    Status: Government Processing Request
  • March 1, 2018 2:35 pm

    2 months ago

    3:20pm

    Will do. Thanks Ben!

    Have a good evening!

    Sunshine Request

    from: Benjamin Fulmer <bfulmer@ashevillenc.gov>
    to: Sunshine Request <records@sunshinerequest.com>
    date: Thu, Mar 1, 2018 at 2:35 PM
    subject: Re: [Public Records Request] Records Request: Information related to the August 24, 2017 arrest and use of force against Mr. Johnnie Rush

     

    We have this request, I encourage your users to seek out statements made by the city and APD for more information.

    Thanks,

     

    Ben Fulmer


    Status: Government Processing Request
  • March 1, 2018 12:50 pm

    2 months ago

    from: Sunshine Request <records@sunshinerequest.com>
    to: City of Asheville Public Records Request <opengov@ashevillenc.gov>
    date: Thu, Mar 1, 2018 at 12:50 PM
    subject: Records Request: Information related to the August 24, 2017 arrest and use of force against Mr. Johnnie Rush

    Good Afternoon City of Asheville,

     

    We just received another request for information that may be available in your office via www.sunshinerequest.com.

     

    Here are the details of the request:

     

    Subject: Information related to the August 24, 2017 arrest and use of force against Mr. Johnnie Rush

     

    Message: “Information requested:

     

    1) All communications and public documents including email exchanges (APD, DA’s Office, City Council Members, the State Bureau of Investigations, and any other public entity), police reports, on-scene officers statements, court and jail records regarding the August 24, 2017 incident where Officer Chris Hickman beats, tazes, and arrests Mr. Johnnie Jermaine Rush.

     

    2) Names of all officers on the scene during the detaining and arrest of Mr. Rush or sent to the scene following the incident

     

    3) Has Officer Chris Rush attended any of the following trainings (please provide dates and training): De-escalation, Racial Equity Institute training, Implicit Bias training

     

    4) The number of jaywalking tickets written by Officer Chris Hickman in 2017”

     

    **Editor’s note: The requestor has filled out a field on our form indicating that this request should also include the time period August 24, 2017 – Mar. 01, 2018.

     

    Thank you for your assistance.
    Have a great afternoon!

     

    Sunshine Request


    Status: Sent to Government